The New Democratic
Party has tabled a package of proposed amendments to Bill
125 with the Standing Committee on Finance and Economic Affairs. These
are set
out below and are about 25 pages long. While we have not had the time
to
compare these with the Liberal package, we understand that both packages
cover
similar ground.

*****

NDP Motion

Bill 125

An Act to improve
the identification, removal and prevention of barriers faced
by persons with disabilities and to make related amendments to other
Acts

MOTION TO BE MOVED
IN COMMITTEE

Section 1

I MOVE that section
1 of the Bill be struck out and the following substituted:

Purpose
1. The purposes of this Act are,

(a) to achieve
a barrier-free Ontario for persons with disabilities through
the identification and removal of existing barriers and the prevention
of new
barriers that prevent persons with disabilities from fully participating
in all
aspects of life in Ontario; and

(b) to ensure
that persons with disabilities play a central role in the
mechanisms established to achieve the goal described in clause (a).

Subsection 2 (1),
definition of "barrier"

I MOVE that the
definition of "barrier" in subsection 2 (1) of the Bill
be
struck out and the following substituted:

"barrier"
means anything that prevents a person with a disability from fully
participating in all aspects of society because of his or her disability,
including a physical barrier, an architectural barrier, an information
or
communications barrier, an attitudinal barrier, a technological barrier,
a
policy and a practice; ("...")

Subsection 2 (1)
of the Bill, definition of "disability"

I MOVE that clauses
(a) and (b) of the definition of "disability" in
subsection 2 (1) of the Bill be struck out and the following substituted:

(a) any degree
of physical disability, infirmity, malformation or
disfigurement and, without limiting the generality of the foregoing,
includes
diabetes mellitus, epilepsy, any degree of paralysis, amputation,
lack of
physical co-ordination, blindness or visual impediment, deafness or
hearing
impediment, muteness or speech impediment, chemical or environmental
sensitivities, or physical reliance on a guide dog or other animal
or on a
wheelchair or other remedial appliance or device,

(b) an intellectual
disability,

(b.1) a brain
injury,

Subsection 2 (1),
definition of "Ontario Government publication"

I MOVE that the
definition of "Ontario Government publication" in subsection
2
(1) of the Bill be struck out and the following substituted:

"Ontario
Government publication" means a publication or an appendix to
a
publication in any form, including print and electronic forms, that
the
Government of Ontario, an officer of the Assembly or an officer of
the
Legislature issues or a publication that is created by any organization
with
funds provided by the Government of Ontario; ("...")

Subsection 2 (1),
definition of "organization"

I MOVE that subsection
2 (1) of the Bill be amended by adding the following
definition:

"organization"
means any person, entity, or class of persons or entities
carrying out a business, enterprise or other activity that offers
goods,
facilities or services, and without limiting the generality of the
foregoing,
includes,

(a) every district
school board as defined in section 1 of the Education Act
and every board established under section 68 of that Act,

(b) every hospital
as defined in the Public Hospitals Act and every private
hospital operated under the authority of a licence issued under the
Private
Hospitals Act,

(c) a board of
governors of a college of applied arts and technology, and
(d) every university in Ontario, and its affiliated and federated
colleges.

Subsection 2 (1),
definition of "Scheduled organization"

I MOVE that the
definition of "Scheduled organization" in subsection 2 (1)
of
the Bill be struck out.

Subsection 2 (2)

I MOVE that subsection
2 (2) of the Bill be amended by adding at the end
"including consultants, agents or contractors or any other person
doing work
with or for the Government of Ontario".

Section 3

I MOVE that section
3 of the Bill be struck out and the following substituted:

Recognition of
existing legal obligations

3. Nothing in
this Act, the regulations or the standards or guidelines made
under this Act diminishes in any way the existing legal obligations
of the
Government of Ontario or any person or organization with respect to
persons
with disabilities.

Subsections 4
(1) to (4)

I MOVE that subsections
4 (1) to (4) of the Bill be struck out and the
following substituted:

Government buildings,
structures and premises
(1) In consultation with the Barrier-Free Directorate of Ontario,
persons with
disabilities and others, the Government of Ontario shall develop barrier-free
design standards to promote accessibility for persons with disabilities
to
buildings, structures and premises, or parts of buildings, structures
and
premises, that the Government owns, purchases, enters into a lease
for,
constructs or significantly renovates after this section comes into
force.

Implementation
of standards

(2) Within six
months after the Government of Ontario develops the standards
and in consultation with persons with disabilities and others, the
Lieutenant
Governor in Council shall make regulations that require the Government
to
comply with the standards within the time period specified in the
regulations.

Deadline

(3) The time
period for compliance shall be based on the cost of complying
with the standards, the use of the building, structure or premises
affected,
its projected future occupancy and other factors that the Lieutenant
Governor
in Council considers relevant.

Duty to comply

(4) The Government
of Ontario shall certify that the design of buildings,
structures and premises, or parts of buildings, structures and premises,
that
it owns, purchases, constructs or significantly renovates after this
section
comes into force complies with the guidelines.

Display of certification

(4.1) The Government
of Ontario shall display a copy of the certification
mentioned in subsection (4) for a building, structure or premises
publicly at
the location of the building, structure or premises and make the certification
available for inspection by the public on request.

Re-certification

(4.2) The Government
of Ontario shall renew a certification mentioned in
subsection (4) at the times specified by the regulations.

Subsection 4 (6)

I MOVE that subsection
4 (6) of the Bill be struck out.

Section 5

I MOVE that section
5 of the Bill be struck out and the following substituted:

Government goods
and services

5. (1) The Government
of Ontario shall not purchase goods or services for the
use of itself, its employees or the public that create or maintain
barriers for
persons with disabilities or that contravene the standards specified
in the
regulations made under subsection (3) unless it is not possible to
do so
because the goods or services are not available in a form that complies
with
this subsection.

If goods or services
not available

(2) If the goods
or services are not available in a form that complies with
subsection (1), the Government of Ontario shall ensure that the benefits
of the
goods and services are available to persons with disabilities at no
extra cost
or effort to persons with disabilities.

Standards
(3) In consultation with persons with disabilities and others through
the
Barrier-Free Directorate of Ontario, the Lieutenant Governor may make
regulations specifying the standards mentioned in subsection (1) for
goods and
services.

Section 6

I MOVE that section
6 of the Bill be struck out and the following substituted:

Government internet
sites

6. The Government
of Ontario shall ensure that its internet sites and the
content provided on those sites are barrier-free.

Section 7

I MOVE that section
7 of the Bill be struck out and the following substituted:

Government publications

7. (1) Ontario
Government publications shall be barrier-free in both format
and content and shall be available to the public in the formats specified
by
the regulations made under subsection (2).

Regulations

(2) Within six
months after subsection (1) comes into force, the Lieutenant
Governor in Council shall make regulations specifying the formats
mentioned in
that subsection.

Other accessible
formats

(3) Upon receiving
a request by or on behalf of a person with disabilities for
an Ontario Government publication in a format required by subsection
(1), the
Government shall make the publication available to the person in that
format
within a reasonable time that is not later than 72 hours after the
Government
receives the request.

Electronic form

(4) Despite subsection
(3), upon receiving a request by or on behalf of a
person with disabilities for an Ontario Government publication that
exists in
an electronic form, the Government shall make the publication available
to the
person forthwith in an electronic form that is accessible.

Section 8

I MOVE that subsection
8 of the Bill be struck out and the following
substituted:
Government employees

8. (1) The Government
of Ontario shall create and maintain a barrier-free
employment environment for its employees and persons who apply for
a position
as a government employee.

(3) The Minister
and Deputy Minister of each ministry are responsible for
ensuring the Government of Ontario meets the obligation described
in subsection
(1) within their ministry and for including ensuring that all employees
responsible for implementing the obligation in their ministry receive
ongoing
training in fulfilling the obligation.

Time for training

(4) The employees
responsible for implementing the obligation in their
ministry shall receive the initial training under subsection (3),

(a) within one
year after this section comes into force, if they are deputy
ministers or assistant deputy ministers;

(b) within two
years after this section comes into force, if they are not
deputy ministers or assistant deputy ministers.

Information

(5) The Government
of Ontario shall inform its employees of,

(a) the rights
and obligations of the Government and its employees under this
section;

(b) the steps
that the Government is taking to meet its obligations under this
section; and

(c) the process
for employees to obtain the accommodation in employment that
the Government is required to provide under the

Accommodation

(6) The Government
of Ontario shall accommodate the accessibility needs of its
employees and applicants for positions of its employees in a timely
manner and
in accordance with the Human Rights Code and shall designate a person
in each
ministry who is responsible for ensuring that the ministry provides
the
accommodation upon the request of an applicant.

No disclosure

(7) Each designated
person shall not disclose to any person any information
that he or she receives about a person's disability except with the
consent of
the persons with the disability or for audit purposes.

Refusal to accommodate

(8) If the Government
of Ontario decides not accommodate a request for
accommodation, the Deputy Minister of the ministry involved shall
approve the
decision and the designated person for the ministry shall advise the
applicant
in writing of the reasons for the decision.

Appeal

(9) The applicant
may appeal the decision to the Barrier-Free Directorate by
filing a notice in writing with the Directorate within the time period
specified in the regulations.

Decision of Directorate

(10) The Directorate
shall consider the appeal in accordance with the duty of
fairness and shall render a decision with written reasons within 30
days of
receiving the notice of appeal.

Reimbursement
of eligible expenses

(11) The Management
Board Secretariat shall, out of the money appropriated
annually to it for this purpose, authorize prompt reimbursement to
a ministry
for eligible expenses that the ministry has incurred in fulfilling
the
ministry's obligations under this section.

Amount of appropriation

(12) The Government
of Ontario shall take all steps within its control to
ensure that the amount appropriated annually for the purpose of subsection
(11)
is not less than the amount appropriated for the purpose in the fiscal
year in
which this Act comes into force.

Amount of reimbursement

(13) The reimbursement
shall be sufficient to meet the full range of the
Government of Ontario's obligations to accommodate under this section,
shall be
in the amount that the Management Board Secretariat determines and
be made in
accordance with the standards established by the Management Board
Secretariat,
in consultation conducted through the Barrier-Free Directorate of
Ontario with
employees with disabilities of the Government.
Same

(14) The standards
shall require reimbursement in an amount that is sufficient
to cover the obligations of the Government of Ontario with respect
to all
persons with disabilities, whatever their type.

Request for reimbursement

(15) Within 14
days of receiving a request from a ministry for reimbursement
under subsection (11), the Management Board Secretariat shall make
a decision
on the request and give notice in writing of the decision to the ministry,
stating the detailed reasons for not granting the request in full,
if that is
the case.

Appeal

(16) The ministry
whose request is refused in whole or in part may appeal the
decision to the Barrier-Free Directorate by filing a notice in writing
with the
Directorate within the time period specified in the regulations.

Section 9

I MOVE that section
9 of the Bill be struck out and the following substituted:

Government-funded
capital programs

9. (1) Capital
funding for projects under a government-funded capital program
shall be made available only if there is a barrier-free plan incorporated
into
the project that meets the standards specified in the regulations
made under
subsection (2).

Regulations

(2) Within six
months after subsection (1) comes into force, the Lieutenant
Governor in Council shall make regulations specifying the standards
mentioned
in that subsection, which shall include a barrier-free plan for the
benefit of
all persons with disabilities.

Section 10

I MOVE that section
10 of the Bill be struck out and the following
substituted:

Ministry barrier-free
plans

10. (1) Each
ministry has the duty to ensure that the funding, services,
programs, practices, legislation and regulations it administers and
that its
workplace are free of barriers through the development and implementation
of
barrier-free plans to identify, remove and prevent barriers within
the time
period specified in regulations that the Lieutenant Governor in Council
shall
make, in consultation with persons with disabilities and others, within
six
months after this section comes into force.

Contents of plan

(2) A barrier-free
plan shall include,

(a) the comprehensive
identification, removal and prevention of barriers to
persons with disabilities in the Acts and regulations administered
by the
ministry and in the ministry's policies, programs, practices and services,
as
well as the ministry's workplace;

(b) specific
action steps and time lines for performing the duties set out in
clause (a) and, except if it is not practical, a statement of who
is
responsible within the ministry for those duties;

(c) a report
on the measures the ministry has taken to identify, remove and
prevent barriers to persons with disabilities;

(d) a statement
whether the ministry has met its obligations set out in the
plan for the year in which the plan is developed and, if not, the
particulars
of and reasons for non-compliance;

(e) a description
of the measures in place to ensure that the ministry
assesses its proposals for Acts, regulations, policies, programs,
practices and
services to determine their impact on removing and preventing barriers
against
persons with disabilities and a statement of who is responsible for
the
measures;

(f) a report
on the Acts, regulations, policies, programs, practices and
services reviewed during the year in which the plan is developed,
the
recommendations made to ensure that they are barrier-free, and whether
the
recommendations were adopted;

(g) a list of
the Acts, regulations, policies, programs, practices and
services that the ministry will review in the year after the year
in which the
plan is developed to identify barriers to persons with disabilities
and a
statement of who is responsible for the review;

(h) a description
of the specific measures that the ministry intends to take
in the year after the year in which the plan is developed to identify,
remove
and prevent barriers to persons with disabilities; and

(i) all other
information that the regulations prescribe for the purpose of
the plan.

Method of developing
plan

(3) In developing
and implementing its barrier-free plan, a ministry shall
consult with the Barrier-Free Council of Ontario, the Barrier-Free
Disability
Directorate of Ontario and with persons with disabilities who may
be affected
by the plan.

Availability to
the public

(4) A ministry
shall make its barrier-free plan available to the public in an
accessible format within 10 days of the plan receiving the signatures
of the
ministry's minister and deputy minister.

Enforcement of
plan

(5) The Ontario
Human Rights Commission shall review all barrier-free plans
for which it has reasonable grounds to believe that a ministry has
not complied
with the plan and in conducting the review the Commission has all
of the
investigation powers that it has for investigating a complaint under
the Human
Rights Code.

Section 11

I MOVE that section
11 of the Bill be struck out and the following
substituted:

Municipal barrier-free
plan

11. (1) Each
year, the council of every municipality shall prepare and
implement a barrier-free plan.

Contents

(2) The barrier-free
plan shall include the comprehensive identification,
removal and prevention of barriers to persons with disabilities in
the
municipality's by-laws and in its policies, programs, practices and
services as
well as the municipality's workplaces.

Application of
other subsections

(3) Subsections
10 (2) to (5) apply with the necessary modifications to a
barrier-free plan of a municipality as if it were a barrier-free plan
of a
ministry and all references to the Acts or regulations administered
by the
ministry shall be read as references to the by-laws of the municipality.

Subsection 12
(1)

I MOVE that subsection
12 (1) of the Bill be struck out and the following
substituted:

Barrier-free advisory
committee

(1) Each year,
the council of every municipality shall,

(a) establish
or continue a barrier-free advisory committee, of which a
majority of the members are persons with disabilities; or

(b) if the municipality
has a population of less than 10,000 hold public
consultations on its barrier-free plans with persons in the municipality,
including persons with disabilities.

Duties of committee

(1.1) The committee
shall review drafts of the municipality's barrier-free
plans, advise the council about their implementation, monitor the
effectiveness
of the plans and advise the municipality on barriers facing persons
with
disabilities within the territory of the municipality and on the means
by which
the municipality could address the barriers.

Clauses 12 (2)
(a) and (b)

I MOVE that clauses
12 (2) (a) and (b) of the Bill be struck out and the
following substituted:

(a) that the
council owns, purchases, constructs or leases;

(b) that the
council occupies, whether as owner or lessee; or

Subsections 12
(4) to (7)

I MOVE that section
12 of the Bill be amended by adding the following
subsections:

Reports

(4) Each committee
shall prepare annual reports to the council of the
municipality recommending changes to the barrier-free plan and reporting
on the
discharge of its duties.

Recommendations

(5) If a barrier-free
advisory committee makes recommendations to the council
of a municipality, the council shall respond to the recommendations
within 14
days and, if it rejects the recommendations, provide written reasons
for doing
so.

Availability to
the public

(6) The council
shall make the committee's reports and recommendations and the
council's response available to the public.

Compensation

(7) The council
of a municipality shall pay reasonable compensation and
reasonable reimbursement for expenses to the members of its barrier-free
advisory committee.

Section 13

I MOVE that section
13 of the Bill be struck out and the following
substituted:

Municipal goods
and services

13. (1) The council
of every municipality shall not purchase goods or
services for the use of itself, its employees or the public that create
or
maintain barriers for persons with disabilities or that contravene
the
standards specified in the regulations made under subsection (3) unless
it is
not possible to do so because the goods or services are not available
in a form
that complies with this subsection.

If goods or services
not available

(2) If the goods
or services are not available in a form that complies with
subsection (1), the Government of Ontario shall ensure that the benefits
of the
goods and services are available to persons with disabilities at no
extra cost
or effort to persons with disabilities.

Standards

(3) In consultation
with persons with disabilities and others through the
Barrier-Free Directorate of Ontario, the Lieutenant Governor may make
regulations specifying the standards mentioned in subsection (1) for
goods and
services.

Section 14

I MOVE that section
14 of the Bill be struck out and the following
substituted:

Public transportation
organizations

14. (1) Each
year, every public transportation organization shall prepare a
barrier-free plan.

Contents

(2) The barrier-free
plan shall include the comprehensive identification,
removal and prevention of barriers to persons with disabilities in
the
organization's by-laws, if any, and in its policies, programs, practices
and
services as well as the organization's workplaces.

Application of
other subsections

(3) Subsections
10 (2) to (5) apply with the necessary modifications to a
barrier-free plan of a public transportation organization as if it
were a
barrier-free plan of a ministry and all references to the Acts or
regulations
administered by the ministry shall be read as references to the by-laws,
if
any, of the organization.

Section 15

I MOVE that section
15 of the Bill be struck out and the following
substituted:

Other organizations

15. (1) Each
year, every organization that is not a ministry, a municipality,
a public transportation organization or an agency shall prepare and
implement a
barrier-free plan based on the requirements for its class of organization
as
specified in the regulations that the Lieutenant Governor shall make
within one
year after this subsection comes into force.

Contents

(2) The barrier-free
plan shall include the comprehensive identification,
removal and prevention of barriers to persons with disabilities in
the
organization's by-laws, if any, and in its policies, programs, practices
and
services as well as the organization's workplaces.

Application of
other subsections

(3) Subsections
10 (2) to (5) apply with the necessary modifications to a
barrier-free plan of a public transportation organization as if it
were a
barrier-free plan of a ministry and all references to the Acts or
regulations
administered by the ministry shall be read as references to the by-laws,
if
any, of the organization.

Section 16

I MOVE that section
16 of the Bill be struck out and the following
substituted:

Agencies

16. (1) Each
year, every agency shall prepare and implement a barrier-free
plan.

Contents

(2) The barrier-free
plan shall include the comprehensive identification,
removal and prevention of barriers to persons with disabilities with
respect to
services and facilities that the agency provides, the policies, programs
and
practices of the agency and the agency's workplaces.

Application of
other subsections

(3) Subsections
10 (2) to (5) apply with the necessary modifications to a
barrier-free plan of an agency as if it were a barrier-free plan of
a ministry
and all references to the Acts or regulations administered by the
ministry
shall be read as references to the policies of the agency.

Joint barrier-free
plans

(4) Two or more
agencies that are each required to prepare a barrier-free plan
may prepare a joint barrier-free plan.

No individual
plans

(5) Agencies
that prepare a joint barrier-free plan are not each required
under this Act to prepare an individual barrier-free plan if the joint
plan
meets the requirements of this section for the individual plan.

Section 17

I MOVE that section
17 of the Bill be struck out and the following
substituted:

Joint accessibility
plans

17. (1) Two or
more ministries, municipalities, organizations specified by a
regulation made under clause 22 (1) (g) or public transportation organizations
that are each required to prepare a barrier-free plan and to make
it available
to the public may prepare a joint barrier-free plan and make it available
to
the public.

No individual
plans

(2) Ministries,
municipalities, organizations specified by a regulation made
under clause 22 (1) (g) and public transportation organizations that
prepare a
joint barrier-free plan and make it available to the public are not
each
required under this Act to prepare an individual barrier-free plan
and to make
it available to the public if the joint plan meets the requirements
of this Act
for the individual plan.

Section 18

recommends voting
against this section.

Subsection 19
(1)

I MOVE that subsection
19 (1) of the Bill be struck out and the following
substituted:

Barrier-Free Council
of Ontario

(1) The Minister
shall establish a committee of 12 persons to be known in
English as the Barrier-Free Council of Ontario and in French as Conseil
sur
l'absence d'obstacles pour l'Ontario.

Term of membership

(1.1) Each member
of the Council holds office for a term of two years, except
the first term may be for one, two or three years.

Re-appointment

(1.2) A member
of the Council may be re-appointed for a maximum of three
consecutive terms.

Public comment
on appointments

(1.3) Before
appointing any member to the Council, the Minister shall make the
names of nominees public and allow the public, including persons with
disabilities, an opportunity to comment on the appointment.

Subsections 19
(2.1) and (2.2)

I MOVE that section
19 of the Bill be amended by adding the following
subsections:

Same

(2.1) As far
as practical, the Minister shall ensure that,

(a) the members
of the Council with disabilities reflect the full range of
disabilities; and

(b) the members
of the Council reflect the different regions of Ontario and
the different gender, ethnicity and First Nations in Ontario.

Chair and vice-chair

(2.2) The members
of the Council may select members to serve as chair and
vice-chair of the Council.

Subsection 19
(3)

I MOVE that subsection
19 (3) of the Bill be amended by striking out "may" and
substituting "shall".

Subsection 19
(4)

I MOVE that subsection
19 (4) of the Bill be struck out and the following
substituted:

Duties

(4) The Council
shall,

(a) provide for
and facilitate the participation of persons with disabilities
in the development of policies and programs of the Government of Ontario
relating to or affecting persons with disabilities;

(b) establish
a central mechanism to ensure that the concerns of persons with
disabilities respecting policy and program development and delivery
are
conveyed to the appropriate ministries and offices of the Government
of
Ontario;

(c) ensure that
the Government of Ontario will promote and consider concerns
of persons with disabilities, especially in matters of policy and
where the
concerns affect several ministries or offices of the Government;

(d) facilitate
consultation with persons with disabilities around Ontario on
the development of standards and regulations under this and any other
legislation, regulations, policies and programs that affect the rights,
obligations or interests of persons with disabilities; and

(e) evaluate
the effectiveness of this Act, the regulations and the standards
developed under this Act and make recommendations to the Minister
for new or
amended legislation, regulations, standards, programs and policies.

Powers

(4.1) The Council
may,

(a) consult with
persons with disabilities and others, including those with
relevant expertise, on the implementation of this Act;

(b) recommend
to the Minister or the Ontario Human Rights Commission that,
where there are problems in the implementation of this Act, the regulations
or
the standards or guidelines made pursuant to this Act, steps to enforce
this
Act be taken and request a report on the actions so taken;

(c) undertake
research about the barriers facing persons with disabilities in
Ontario and on strategies in Ontario and elsewhere to address the
barriers;

(d) provide programs
of public information related to this Act;

(e) consult with
persons with disabilities and others, including those with
expertise, and make recommendations to the Minister with respect to
the
accessibility for and full enjoyment by persons with disabilities
to services,
goods and facilities provided or funded by the Government of Ontario;

(f) consult with
persons with disabilities and others, including those with
relevant expertise, and make recommendations to the Minister with
respect to
actions that should be taken to improve the access for persons with
disabilities to employment opportunities in Ontario;

(g) recommend
the development or enactment of new standards or regulations to
improve the effectiveness of this Act;

(h) contract
with any person to assist it in carrying out its duties;

(i) respond to
specific requests from the Minister.

Subsections 19
(6) and (7)

I MOVE that section
19 of the Bill be amended by adding the following
subsections:

Not confidential
advice

(6) For the purposes
of the Freedom of Information and Protection of Privacy
Act, the reports described in subsection (5) are not advice that a
head as
defined in that Act may refuse to disclose.

Tabling

(7) The Minister
shall lay the annual report before the Assembly if it is in
session or deposit it with the Clerk of the Assembly if the Assembly
is not in
session.

Section 20

I MOVE that section
20 of the Bill be struck out and the following
substituted:

Barrier-Free Directorate
of Ontario

20. (1) The employees
who are considered necessary shall be appointed under
the Public Service Act to form an office that is under the direction
of the
Minister and that is known in English as the Barrier-Free Directorate
of
Ontario and in French as Direction g1n1rale de l'absence d'obstacles
pour
l'Ontario.

Duties

(2) The Directorate
shall,

(a) to remove
barriers and ensure that people with disabilities in Ontario are
able to participate fully in all aspects of life in Ontario by,

(ii) providing
expert counsel and consultation to ministries of the Government
of Ontario in the development of integrated, coordinated public policies,
programs and services for persons with disabilities, their families,
support
structures and organizations that represent persons with disabilities
and other
persons,

(iii) working
with ministries and offices of the Government of Ontario and the
disability community to provide expertise and to identify and resolve
issues of
concern,

(iv) acting as
a vehicle for collaboration and partnership with the disability
community,

(vi) participating
on behalf of Ontario at federal and interprovincial
meetings;

(b) support the
Barrier-Free Council of Ontario;

(c) conduct research
and develop and conduct programs of public education on
the purpose and implementation of this Act;

(d) consult with
ministries, municipalities, organizations or any person or
entity that prepares a barrier-free plan to assist in the preparation,
implementation and monitoring of the plan;

(e) consult with
the persons and organizations that the Minister directs to
develop and make recommendations to the Minister and others on standards,
guidelines and regulations related to the subject-matter of this Act;

(f) examine and
review Acts, regulations, and programs or policies established
by Acts or regulations and make recommendations to the Barrier-Free
Council of
Ontario and the Minister for amending them or adopting, making or
establishing
new Acts, regulations, programs or policies to improve opportunities
for
persons with disabilities; and

(g) carry out
all other duties related to the subject-matter of this Act.

Sections 20.1
to 20.3

I MOVE that the
Bill be amended by adding the following sections:

Government obligations

20.1 (1) This
Act binds the Crown.

Deadline for compliance

(2) Despite anything
in this Act or the regulations, the Government of Ontario
shall comply with its barrier-free obligations described in this Act
within
five years after subsection (1) comes into force.

Enforcement

20.2 (1) The
Ontario Human Rights Commission and its board of inquiry have
jurisdiction with respect to compliance with this Act and enforcement
under
this Act and for that purpose have the necessary authority and jurisdiction
under the Human Rights Code.

Funding request

(2) Within three
months after subsection (1) comes into force, the Minister of
Finance shall introduce in the Assembly a bill that provides for the
additional
funding that the Ontario Human Rights Commission requires to fulfill
adequately
its responsibilities under subsection (1).

Conflict

20.3 This Act
prevails in the event of a conflict between it and any other
Act or a regulation, by-law or any policy.

Subsection 21
(1)

I MOVE that subsection
21 (1) of the Bill be amended by striking out "five
years" and substituting "three years".

Subsections 21
(1.1) and (1.2)

I MOVE that section
21 of the Bill be amended by adding the following
subsections:

Purpose

(1.1) The review
shall determine whether,
(a) this Act has been successful in achieving a barrier-free society;

(b) changes are
necessary to improve the effectiveness of this Act; and

(c) persons with
disabilities are able to participate fully and effectively in
the implementation of this Act.

Consultation

(1.2) In conducting
the review, the Executive Council shall consult with
persons with disabilities and other interested persons stakeholders
on the
matters described in subsection (1.1).

Subsection 21
(3)

I MOVE that section
21 of the Bill be amended by adding the following
subsection:

Report to public

(3) The Executive
Council shall make a report to the public on the results of
the review.

Subsection 22
(1)

I MOVE that subsection
22 (1) be amended by adding at the beginning "Subject
to subsection (1.1)".

Clause 22 (1)
(b)

I MOVE that clause
22 (1) (b) of the Bill be struck out.

Clause 22 (1)
(f)

I MOVE that clause
22 (1) (f) of the Bill be struck out and the following
substituted:

(f) governing
the preparation and contents of barrier-free plans under this
Act;

Clause 22 (1)
(h)

I MOVE that clause
22 (1) (h) of the Bill be amended by adding at the
beginning "subject to subsection (2.1)".

Clause 22 (1)
(i)

I MOVE that clause
22 (1) (i) of the Bill be amended by adding at the
beginning "upon approval of the Minister and after consulting
with the
Barrier-Free Council of Ontario and making written reasons available
to the
public,".
Clause 22 (1) (i.1)

I MOVE that subsection
22 (1) of the Bill be amended by adding the following
clause:

(i.1) subject
to subsection (2.2), designating ministers and ministries that
are responsible for having the Government of Ontario fulfill its obligations
described in this Act;

Clause 22 (1)
(j)

I MOVE that clause
22 (1) (j) of the Bill be amended by adding at the end
"including creating mechanisms for enforcing the obligations
described in this
Act and remedies for non-compliance with the obligations".

Subsections 22
(1.1) and (1.2)

I MOVE that section
22 of the Bill be amended by adding the following
subsections:

Opportunity for
comments

(1.1) The Lieutenant
Governor in Council shall not make a regulation under
subsection (1) until it has,

(a) published
a draft of it in The Ontario Gazette at least 90 days before
making the regulation;

(b) allowed interested
persons a reasonable opportunity to comment on the
draft;

(c) held a public
hearing to allow interested persons an opportunity to
comment on the draft, if the Barrier-Free Council so requests in writing;

(d) made a report
to the public, after the period for comments under clause
(b) or (c), that summarizes the comments and indicates whether the
Government
of Ontario accepts or rejects the recommendations for changes made
during the
period for comments.

Restrictions on
regulations

(1.2) The Lieutenant
Governor in Council shall not make any regulation under
subsection (1) that has the effect of creating a barrier to persons
with
disabilities, preventing or delaying the identification and removal
of a
barrier in any sector or that conflicts with the purposes of this
Act.

Subsections 22
(2.1) and (2.2)

I MOVE that section
22 of the Bill be amended by adding the following
subsections:
Deadline for certain regulations

(2.1) Within
six months after subsection (1) comes into force, the Lieutenant
Governor in Council shall make certain regulations under clause (1)
(h) so that
there is a time period for compliance for all the obligations described
in this
Act.

Same

(2.2) Within
three months after subsection (1) comes into force, the
Lieutenant Governor in Council shall make certain regulations under
clause (1)
(i.1) so that ministers and ministries are designated as responsible
for having
the Government of Ontario fulfill its obligations described in this
Act.

Subsection 23
(2) of the Bill, (section 55.1 of the Election Act)
I MOVE that section 55.1 of the Election Act, as set out in subsection
23 (2)
of the Bill, be amended by adding the following subsections:

Accessibility
obligations

(0.1) Despite
anything in section 34, all ballots shall be in a form that
enables electors with disabilities, wherever possible, to mark the
ballots by
themselves and in private.

Polling places

(0.2) Despite
anything in section 13, the returning officer shall ensure that
no polling place is located in a location that is not accessible to
electors
with disabilities unless satisfied that is impossible to locate the
polling
place in the polling division within eight kilometres of the location
that the
returning officer would have chosen, if it were not for this subsection.

Same

(0.3) Every returning
officer for an electoral district shall ensure that all
polling places in the electoral district provide American Sign language
interpretation or other similar accommodation where needed for electors
who are
deaf, deafened or hard of hearing, to enable them to vote.

I MOVE that clauses
(a) and (b) of the definition of "disability" in
subsection 10 (1) of the Human Rights Code, as set out in subsection
26 (3) of
the Bill, be struck out and the following substituted:

(a) any degree
of physical disability, infirmity, malformation or
disfigurement and, without limiting the generality of the foregoing,
includes
diabetes mellitus, epilepsy, any degree of paralysis, amputation,
lack of
physical co-ordination, blindness or visual impediment, deafness or
hearing
impediment, muteness or speech impediment, chemical or environmental
sensitivities, or physical reliance on a guide dog or other animal
or on a
wheelchair or other remedial appliance or device,

(b) an intellectual
disability,

(b.1) a brain
injury,

Section 27 of
the Bill, (section 103.1 of the Legislative Assembly Act)

I MOVE that section
103.1 of the Legislative Assembly Act, as set out in
section 27 of the Bill, be struck out and the following substituted:

Barrier-free plan

103.1 (1) Each
year, the Speaker shall prepare a barrier-free plan.

Contents

(2) The barrier-free
plan shall address the identification, removal and
prevention of barriers to persons with disabilities in the Legislative
Chamber
and the other parts of the Legislative Building that are under the
Speaker's
control and in the policies, programs, practices and services of the
Assembly.

Same

(3) The barrier-free
plan shall include, with respect to the Legislative
Chamber, the other parts of the Legislative Building that are under
the
Speaker's control and the policies, programs, practices and services
of the
Assembly,

(a) the comprehensive
identification, removal and prevention of barriers to
persons with disabilities;

(b) a report
on the measures the Speaker has taken to identify, remove and
prevent barriers to persons with disabilities;

(c) the measures
in place to ensure that the Speaker assesses his or her
proposals for policies, programs, practices and services to determine
their
effect on accessibility for persons with disabilities;

(d) a list of
the policies, programs, practices and services that the Speaker
will review in the coming year in order to identify barriers to persons
with
disabilities; and

(e) the measures
that the Speaker intends to take in the coming year to
identify, remove and prevent barriers to persons with disabilities.

Method of developing
plan

(4) In developing
and implementing the barrier-free plan, the Speaker shall
consult with the Barrier-Free Council of Ontario, the Barrier-Free
Disability
Directorate of Ontario and with persons with disabilities who may
be affected
by the plan.

Availability to
the public

(5) A ministry
shall make its barrier-free plan available to the public in an
accessible format within 10 days of the plan receiving the signature
of the
Speaker.

Enforcement of
plan

(6) The Ontario
Human Rights Commission shall review the barrier-free plan if
it has reasonable grounds to believe that the Speaker has not complied
with the
plan and in conducting the review the Commission has all of the investigation
powers that it has for investigating a complaint under the Human Rights
Code.

Barrier-free deadline

(7) Despite anything
in this section, the Speaker shall ensure that the
Legislative Chamber and the other parts of the Legislative Building
that are
under the Speaker's control are barrier-free within five years after
subsection
(1) comes into force.

Definition

(8) In this section,

"barrier"
has the same meaning as in the Ontarians with Disabilities Act, 2001.

Subsection 28
(1), (section 257.2 of the Municipal Act)

I MOVE that subsection
28 (1) of the Bill be struck out and the following
substituted:

Municipal Act

(1) Section 257.2
of the Municipal Act, as enacted by the Statutes of
Ontario, 1996, chapter 1, Schedule M, section 22, is amended by adding
the
following subsection:

Barrier-free requirement

(1.1) A by-law
passed under subsection (1) that licenses, regulates and
governs a business carried on within the municipality shall require
that the
premises of the business become barrier-free in accordance with the
barrier-free plan that the owner of the premises is required to implement
under
section 15 of the Ontarians with Disabilities Act, 2001.

I MOVE that subsection
45 (2) of the Municipal Elections Act, 1996, as set out
in subsection 29 (1) of the Bill, be struck out and the following
substituted:

Special needs

(2) In choosing
a location for a voting place, the clerk shall ensure that,

(a) despite anything
in section 41, all ballots shall be in a form that
enables electors with disabilities, wherever possible, to mark the
ballots by
themselves and in private;

(b) the voting
place is accessible to electors with disabilities unless the
clerk is satisfied that is impossible to locate the voting place within
eight
kilometres of the location that the clerk would have chosen, if it
were not for
this subsection; and

(c) the voting
place provides American Sign language interpretation or other
similar accommodation where needed for electors who are deaf, deafened
or hard
of hearing, to enable them to vote.